Journal article
ATTENTION COPYRIGHT EXPERTS: PATENT CHANGES THAT MUST BE ON YOUR RADAR
Journal of the Copyright Society of the U.S.A, v 71(3), pp 553-570
01 Jan 2024
Abstract
This article explores recent changes in patent law that are specifically relevant to copyright practitioners. It highlights three major developments: the Federal Circuit's ruling in LKQ Corporation v. GM Global Technology Operations L.L.C., which revised the obviousness standard for design patents; the U.S. Patent and Trademark Office's (PTO) new guidance on inventorship forAI-assisted claims; and emerging state laws restricting broad patent assignment clauses in employment agreements. The LKQ decision aligns design patent standards more closely with those for utility patents, increasing scrutiny of prior art and making design patents more challenging to obtain. The PTO's AI inventorship guidance clarifies that AI cannot be named as an inventor, though AI-assisted human creations still qualify for patents. Meanwhile, New York has joined the growing resistance to employer claims over employee-generated inventions. Together, these changes demonstrate the need for copyright professionals to maintain knowledge of developments in patent law.
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Details
- Title
- ATTENTION COPYRIGHT EXPERTS: PATENT CHANGES THAT MUST BE ON YOUR RADAR
- Creators
- Amy L. Landers - Drexel University
- Publication Details
- Journal of the Copyright Society of the U.S.A, v 71(3), pp 553-570
- Publisher
- Copyright Soc Usa
- Number of pages
- 18
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Web of Science ID
- WOS:001779592400010
- Other Identifier
- 991022191260204721